Council Joint Action 2007/749/CFSP of 19 November 2007 on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)
Date: 2007-11-19
Institutions: Council of the European Union
Subjects: Bosnia and Herzegovina, EU financing, common foreign and security policy, operation of the Institutions, police cooperation

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COUNCIL JOINT ACTION 2007/749/CFSP

of 19 November 2007

on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)

THE COUNCIL OF THE EUROPEAN UNION,

(6)

The mandate of EUPM will be implemented in the
context of a situation which may deteriorate and could
harm the objectives of the Common Foreign and Security
Policy as set out in Article 11 of the Treaty.

Having regard to the Treaty on European Union and,
in
particular, Article 14 and the third subparagraph of Article 25
thereof,

Whereas:

(7)

The watch-keeping capability established within the
Council Secretariat should be activated for the EUPM,

(1)

(2)

(3)

(4)

On 24 November 2005 the Council adopted Joint Action
2005/824/CFSP on the European Union Police Mission
(EUPM) in Bosnia and Herzegovina (BiH) (1). That Joint
Action expires on 31 December 2007.

invitation of 19 September 2007,

In a letter of
the
authorities of BiH invited the European Union to
extend the EUPM in BiH.

HAS ADOPTED THIS JOINT ACTION:

Article 1

Mission

The European Union Police Mission (EUPM)

1.
and Herzegovina
2002/210/CFSP (2)
2005/824/CFSP, shall be continued from 1 January 2008.

in Bosnia
Joint Action
Action
Joint

established
continued

(BiH),
and

by
by

In a
letter of 22 October 2007 the Secretary-
General/High Representative for the CFSP (SG/HR) sent
a positive reply to the BiH authorities' letter of invitation.

The EUPM shall operate in accordance with the objectives
2.
and other provisions as contained in the mission statement set
out in Article 2.

and

planning

On 18 June 2007, the Council approved Guidelines for
Command and Control Structure
for EU Civilian
Operations
in Crisis Management. These Guidelines
notably provide that a Civilian Operation Commander
will exercise command and control at strategic level for
the
civilian crisis
conduct of
management operations, under the political control and
strategic direction of the Political and Security Committee
(PSC) and the overall authority of
the SG/HR. These
the
Guidelines
Civilian Planning and Conduct Capability (CPCC) estab-
lished within the Council Secretariat will, for each civilian
crisis management operation, be the Civilian Operation
Commander.

further provide that

the Director of

all

Article 2

Mission statement

The EUPM, in coordination with and under the local political
guidance of the European Union Special Representative in BiH
(EUSR) and as part of the broader rule of law approach in BiH
and in the region, shall aim, through mentoring, monitoring
and inspecting, to establish in BiH a sustainable, professional
and multi-ethnic police service operating in accordance with
European and international standards.

(5)

The above mentioned Command and Control Structure is
without prejudice to the contractual responsibilities of
the Head of Mission towards the Commission for im-
plementing the budget of the EUPM.

shall

police

service

This
accordance with
commitments made as part of the Stabilisation and Association
Process with the European Union, in particular with regard to
the fight against organised crime and police reform.

operate

in

(1) OJ L 307, 25.11.2005, p. 55.

(2) OJ L 70, 13.3.2002, p. 1. Joint Action as last amended by Joint

Action 2005/143/CFSP (OJ L 48, 19.2.2005, p. 46).

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The EUPM shall operate in line with the general objectives of
Annex 11 of the General Framework Agreement for Peace in
Bosnia and Herzegovina and its objectives shall be supported by
European Community instruments. The EUPM shall continue to
lead the coordination of the policing aspects of the ESDP efforts
in the fight against organised crime, without prejudice to the
agreed chains of command. The EUPM shall assist local auth-
orities in planning and conducting major and organised crime
in contributing to an improved functioning of
investigations,
justice system in general and enhancing
the whole criminal
police-prosecutor
in particular. The EUPM shall,
together with the European Commission, assist BiH authorities
to identify remaining police development needs which could be
addressed through Community assistance.

relations

Article 3

Review

review process,

in accordance with the
A six-monthly
assessment criteria set out
in the Concept of Operations
(CONOPS) and the Operation Plan (OPLAN) and taking into
account
enable
adjustments to be made to the EUPM's activities, as necessary.

developments

reform,

police

shall

in

Article 4

Structure

1.

The EUPM shall be structured as follows:

(a) main headquarters in Sarajevo, composed of the Head of the

Mission and staff as defined in the OPLAN;

(b) co-locations within the various BiH police services at senior
level, including within the State Investigation and Protection
Agency, the BiH Border Police, Interpol/EUROPOL Bureau,
Entities, Public Security Centres, Cantons, and the Brcko
district.

2.
These elements shall be developed in the CONOPS and
the OPLAN. The Council shall approve the CONOPS and the
OPLAN.

Article 5

Civilian Operation Commander

The Civilian Operation Commander, under the political
2.
control and strategic direction of
the PSC and the overall
authority of the SG/HR, shall exercise command and control
of the EUPM at the strategic level.

The Civilian Operation Commander shall ensure proper
the Council's decisions as
including by issuing instructions

3.
and effective implementation of
well as the PSC's decisions,
at strategic level as required to the Head of Mission.

All seconded staff shall remain under the full command of
4.
the national authorities of the seconding State or EU institution.
National authorities shall transfer Operational Control (OPCON)
of their personnel, teams and units to the Civilian Operation
Commander.

The Civilian Operation Commander shall have overall
the EU's duty of care is

5.
responsibility for ensuring that
properly discharged.

The Civilian Operation Commander and the EUSR shall

6.
consult each other as required.

Article 6

Head of Mission

1.
The Head of Mission shall assume responsibility and
exercise command and control of the EUPM at theatre level.

2.
The Head of Mission shall exercise command and control
over personnel, teams and units from contributing States as
assigned by the Civilian Operation Commander together with
administrative and logistic responsibility including over assets,
resources and information put at the disposal of the EUPM.

3.
The Head of Mission shall issue instructions to all EUPM
staff for the effective conduct of the EUPM in theatre, assuming
its day-to-day management and the coordination of EUPM
activities,
the
Civilian Operation Commander.

following the instructions at strategic level of

The Head of Mission shall be responsible for the im-
the

4.
plementation of
Head of Mission shall sign a contract with the Commission.

the EUPM's budget. For this purpose,

1.
The Civilian Planning and Conduct Capability (CPCC)
Director shall be the Civilian Operation Commander for the
EUPM.

5.
The Head of Mission shall be responsible for disciplinary
control over the staff. For seconded staff, disciplinary action
shall be exercised by the national or EU authority concerned.

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The Head of Mission shall represent the EUPM in the

6.
operations area and shall ensure its appropriate visibility.

member. The Member State or EU institution in question shall
be responsible for bringing any action against the seconded
person.

7.
The Head of Mission shall coordinate, as appropriate, with
other actors on the ground. The Head of Mission shall, without
prejudice to the chain of command, receive local political
guidance from the EUSR.

3.
The conditions of employment and the rights and obli-
gations of international and local contracted staff shall be laid
down in the contracts between the Head of Mission/Police
Commissioner and the staff member.

Article 7

EUPM Staff

1.
The numbers and competence of the EUPM staff shall be
consistent with the mission statement set out in Article 2 and
the structure set out in Article 4.

Article 9

Chain of command

The EUPM shall have a unified chain of command, as a

1.
crisis management operation.

2.
Police officers shall be seconded by Member States. Each
Member State shall bear the costs related to the police officers
including salaries, allowances and travel
seconded by it,
expenses to and from BiH.

International civilian staff and local staff shall be recruited

3.
on a contractual basis by the EUPM, as required.

4. Member States or EU institutions may also second inter-
national civilian staff if required, for a minimum period of one
year. Each Member State or EU institution shall bear the costs
related to any of the staff seconded by it,
including salaries,
allowances and travel expenses to and from BiH.

5.
All staff shall carry out their duties and act in the interest
of the EUPM. All staff shall respect the security principles and
minimum standards
Council Decision
2001/264/EC of 19 March 2001 adopting the Council's
‘Council's
security regulations (1)
security regulations’).

referred to as

(hereinafter

established

by

Article 8

Status of EUPM staff

1.
The necessary arrangements shall be made regarding the
continuation of the Agreement between the EU and BiH of 4
October 2002 on the activities of the EUPM in BiH for the
duration of the EUPM.

The Member State or EU institution having seconded a
2.
staff member shall be responsible for answering any claims
from or concerning the staff
linked to the secondment,

(1) OJ L 101, 11.4.2001, p. 1. Decision as last amended by Decision

2007/438/EC (OJ L 164, 26.6.2007, p. 24).

Under the responsibility of the Council,

2.
exercise political control and strategic direction of EUPM.

the PSC shall

The Civilian Operation Commander, under the political
3.
the PSC and the overall
control and strategic direction of
is the commander of the EUPM at
authority of the SG/HR,
strategic level and, as such, shall
issue instructions to the
Head of Mission and provide him with advice and technical
support.

The Civilian Operation Commander shall report to the

4.
Council through the SG/HR.

The Head of Mission shall exercise command and control
5.
of EUPM at theatre level and shall be directly responsible to the
Civilian Operation Commander.

Article 10

Political control and strategic direction

The PSC shall exercise, under the responsibility of the
1.
Council, political control and strategic direction of the EUPM.
The Council hereby authorises the PSC to take the relevant
decisions for this purpose in accordance with Article 25 of
include the powers to
the Treaty. This authorisation shall
amend the OPLAN.
to take
subsequent decisions regarding the appointment or extension
of the Head of Mission. The powers of decision with respect
to the objectives and termination of the EUPM shall remain
vested in the Council.

shall also include powers

It

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2.

The PSC shall report to the Council at regular intervals.

The financial arrangements shall respect the operational

4.
requirements of the EUPM.

The PSC shall receive on a regular basis and as required
3.
reports by the Civilian Operation Commander and the Head of
Mission on issues within their areas of responsibility.

Expenditure shall be eligible as of the date of entry into

5.
force of this Joint Action.

Article 11

Participation of third States

1. Without prejudice to the decision-making autonomy of
the Union and its single institutional framework, third States
may be invited to contribute to the EUPM on the basis that they
bear the cost of sending the police officers and/or the inter-
national civilian staff seconded by them,
including salaries,
allowances and travel expenses to and from BiH, and contribute
to the running costs of the EUPM, as appropriate.

Third States making contributions to the EUPM shall have
2.
the same rights and obligations
in terms of day-to-day
management of the operation as Member States taking part in
the operation.

3.
The Council hereby authorises the PSC to take the relevant
decisions on acceptance of the proposed contributions and to
establish a Committee of Contributors.

Detailed arrangements regarding the participation of third
4.
States shall be subject
to agreements to be concluded in
accordance with procedures laid down in Article 24 of the
Treaty.

Article 12

Financial arrangements

The budgets for the years 2008 and 2009 shall be decided

1.
on an annual basis.

The expenditure of

2.
the EUPM shall be managed in
accordance with the procedures and rules applicable to the
general budget of
the European Union with the exception
that any pre-financing shall not remain the property of the
Community. Nationals of third States participating financially
in the EUPM and of
the host country shall be allowed to
tender for contracts.

3.
The Head of Mission/Police Commissioner shall report
fully to, and be supervised by, the Commission on the activities
undertaken in the framework of his contract.

Article 13

Security

1.
The Civilian Operation Commander shall direct the Head
of Mission's planning of security measures and ensure their
the EUPM in
proper
accordance with Articles 5 and 9,
in coordination with the
Security Office of the General Secretariat of the Council.

implementation for

and effective

The Head of Mission shall be responsible for the security
2.
of
the EUPM and for ensuring compliance with minimum
security requirements applicable to the EUPM, in line with the
policy of the European Union on the security of personnel
deployed outside the European Union in an operational
capacity under Title V of
supporting
documents.

the Treaty and its

3.
The Head of Mission shall be assisted by a Senior Mission
Security Officer (SMSO), who will report to the Head of Mission
and also maintain a close functional relationship with the
Security Office of the General Secretariat of the Council.

The Head of Mission shall appoint Area Security Officers
4.
in the four regional co-locations, who, under the authority of
the SMSO, shall be responsible for the day-to-day management
of all security aspects of the respective EUPM elements.

EUPM staff shall undergo mandatory security training
5.
before their entry into function,
in accordance with the
OPLAN. They shall also receive regular in-theatre refresher
training organized by the SMSO.

Article 14

Community action

The Council

and the Commission shall,

each in
1.
accordance with their respective powers, ensure consistency
between the implementation of
this Joint Action and the
external activities of the Community in accordance with the
second subparagraph of Article 3 of the Treaty. The Council
and the Commission shall cooperate to this end.

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The Council notes that coordination arrangements already

2.
exist in the EUPM area as well as in Brussels.

Article 16

Watch-keeping capability

Article 15

Release of classified information

The SG/HR is hereby authorised to release to third States
Joint Action, as appropriate and in
the EUPM, EU
level
in

1.
associated with this
accordance with the operational needs of
classified information and documents up to the
‘RESTREINT UE’ generated for the purposes of the EUPM,
accordance with the Council's security regulations.

2.
In the event of a specific and immediate operational need,
the SG/HR is also hereby authorised to release to the local
authorities EU classified information and documents up to the
level ‘RESTREINT UE’ generated for the purposes of the EUPM,
in accordance with the Council's security regulations.
In all
other cases, such information and documents shall be released
to the local authorities in accordance with the procedures
appropriate to their level of cooperation with the European
Union.

The watch-keeping capability shall be activated for the EUPM.

Article 17

Entry into force and duration

This Joint Action shall enter into force on 1 January 2008.

It shall apply until 31 December 2009.

Article 18

Publication
This Joint Action shall be published in the Official Journal of the
European Union.

Done at Brussels, 19 November 2007.

3.
The SG/HR is hereby authorised to release to third States
associated with this Joint Action and to the local authorities EU
the
non-classified documents related to the deliberations of
Council with regard to the EUPM covered by the obligation
of professional
the
Council's Rules of Procedure (1).

to Article 6(1) of

secrecy pursuant

For the Council
The President

L. AMADO

(1) Council Decision 2006/683/EC, Euratom of 15 September 2006
adopting the Council's Rules of Procedure (OJ L 285, 16.10.2006,
p. 47). Decision amended by Decision 2007/4/EC, Euratom (OJ L 1,
4.1.2007, p. 9).